Brand owners ask us this as soon as they file, so the TAXAJ team is answering it here.
A business has applied for a trademark and the application is still pending. Can it print ™ or ® on its packaging and website?
™ can be used at any time, even before filing. It simply tells people you claim the name or logo as your brand. It gives no legal status on its own.
® can be used only after the mark is registered and the registration certificate is issued, and only for the goods or services it is registered for. Using ® on an unregistered mark is falsely representing it as registered, an offence under section 107 of the Trade Marks Act, 1999, punishable with imprisonment of up to three years, a fine, or both.
While the application is pending, use ™. Your rights date back to the application date once the mark is registered, and that date matters if someone else later files something similar.
Fees, classes and timelines are in our guide to trademark registration in India, and we file applications under trademark registration.